Publication date: 03.06.2025
I have been a licensed attorney since 2023, but my legal career began in 2015. Over the years, I have gained extensive experience and expertise working across various areas of law, including labor disputes, family law, commercial litigation, and property division matters. My practice includes both legal consulting and client representation in courts of different jurisdictions. I focus on achieving fair and effective outcomes for my clients by applying a personalized approach to each case.
Division of a Residential House After Divorce: Protection of the Right to ½ Share of Marital Property
Divorce is not only an emotional upheaval but also a legal process that often involves disputes over property. Particularly challenging are cases when one of the former spouses blocks access to joint housing, withholds documents, and attempts to conceal assets. Attorney Olga Datsiuk provided full legal support to a client who, after divorce, was left without access to the residential property acquired during the marriage. Thanks to a well-constructed legal position and procedural actions, the client was able to defend her right to half of the property.
Case Background
A woman approached Olga after her marriage was officially dissolved. During the marriage, the couple purchased a residential house with auxiliary structures, totaling 96.5 sq.m. After the divorce, the Respondent not only refused to divide the property voluntarily but also obstructed the Client’s access to the house, hid documents, and transferred part of the property to relatives. As a result, the client was left without access to her only place of residence, where she was officially registered. It was decided to file a claim to establish ownership of a ½ share of the property.
Stages of Legal Support
1. Initial Case Review and Evidence Preparation
- Initial consultation with the Client conducted, scope of marital property determined
- Collected evidence of the Client’s residence in the disputed house and her official registration
- Prepared documents confirming the Client’s contribution to the maintenance of the house
- Extracts obtained from the State Register of Property Rights
2. Securing the Claim and Preliminary Measures
- 24.06.2024 — a motion to secure the claim was filed via the "Electronic Court" system
- 26.06.2024 — the court granted the motion and imposed an injunction on the house and auxiliary buildings
- The Respondent was prohibited from disposing of the property
3. Court Proceedings
- A lawsuit was prepared and filed with Krasnohrad District Court
- 12.07.2024 — proceedings in the case were initiated
- Evidence was submitted confirming joint ownership and the Client’s contribution to the property
- Legal representation provided and statements regarding concealed assets presented
4. Court Decision and Enforcement
- 26.11.2024 — Krasnohrad District Court rendered a decision following full consideration of the case
- The house was recognized as joint marital property
- The Client was granted ownership of ½ share of the house and auxiliary structures
- The State Treasury Service was ordered to reimburse the Client 6056 UAH in court fees
- An additional 6661.60 UAH was awarded from the Respondent as compensation
Additional Legal Actions
- Property appraisal conducted by an independent expert
- Monitored compliance with the injunction
- Obtained evidence from state authorities via attorney requests
Benefits of Professional Legal Support
- Correct classification of the property as joint marital ownership
- Prompt protection of rights through injunctions
- Collection of evidence despite opposition from the other party
- Full reimbursement of court expenses
Result
- The Client received official ownership of ½ of the disputed residential property
- Fair division of property confirmed by the court of first instance
- Full reimbursement of court fees from both the budget and the Respondent
- The Respondent’s attempts to conceal assets and block access were legally neutralized
Frequently Asked Questions
Question
Is it necessary to have the original property documents to go to court?
Answer
No. If originals are not available, information can be obtained via attorney inquiries or registry extracts.
Question
How can you prove the property is jointly owned if it's registered to someone else?
Answer
Joint ownership can be proven through evidence of cohabitation, shared financial contributions, witness testimony, etc. Courts consider actual circumstances, not just formal ownership.
Photo evidence of the success of the case
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This case exemplifies how legal strategy and timely action can protect a person’s interests in complex property disputes. Thanks to the professional work of the attorney, the Client’s rights were fully upheld, and further abuses by the Respondent were prevented. The case highlights the importance of early legal measures, thorough evidence gathering, and a proactive litigation stance.
